IN THE DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. CROIX 
 
WAYNE CULBERT BRANKER                  ) 
 
 
 
 
 
 
) 
 
 
Plaintiff, 
 
 
) 
 
 
 
 
 
 
) 
CIVIL NO. 2007-0041 
 
 
v. 
 
 
 
) 
 
 
 
 
 
 
) 
DEPARTMENT OF HOMELAND               ) 
SECURITY, U.S. CITIZENSHIP AND        ) 
IMMIGRATION SERVICES, AND              ) 
MARIA ARAN, DISTRICT DIRECTOR     ) 
OF U.S. CITIZENSHIP AND                        ) 
IMMIGRATION SERVICES PUERTO        ) 
RICO, U.S. IMMIGRATION CUSTOMS     ) 
ENFORCEMENT ST. CROIX DISTRICT,  ) 
ATTORNEY GENERAL, ALBERTO          ) 
GONZALEZ                                                 )  
 
 
 
 
 
 
) 
 
 
Defendants. 
 
 
) 
____________________________________ ) 
 
 
 
ORDER 
 
FINCH, J. 
 
THIS MATTER comes before the Court on a Motion to Dismiss or, in the alternative, for 
Summary Judgment filed by Defendants.  After careful consideration of the Motion to Dismiss 
this matter for lack of subject matter jurisdiction, pursuant to Fed. R. Civ. P. 12(b)(1), or in the 
alternative for Summary Judgment pursuant to Fed. R. Civ. P. 56, and having had an opportunity 
to review the briefs of the parties, the Court being fully advised in the premises finds as follows: 
This Court lacks subject matter jurisdiction of this matter, in as much as the relief sought 
by Plaintiff, i.e., for the Department of Homeland Security, United States Office of Citizenship 
and Immigration Services (CIS) to schedule an interview on Plaintiff’s application for 
naturalization, and to render a decision on the application, has been done by CIS.  CIS has not 
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Case: 1:07-cv-00041-RLF-GWC   Document #: 21   Filed: 06/03/08   Page 1 of 2
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only approved the application, but Plaintiff took his oath of naturalization as a United States 
citizen on June 20, 2007.  Since CIS has already granted Plaintiff’s request, and Plaintiff is now a 
United States Citizen, there is nothing for this court to determine or to compel CIS to do by way 
of mandamus.  Defendant CIS’s voluntary actions renders the relief requested in Plaintiff’s 
complaint moot.  Since there is no case or controversy before the Court, it is hereby 
 
ORDERED that Defendant’s Motion to Dismiss for lack of subject matter jurisdiction is 
GRANTED; and it is further  
ORDERED that Defendant’s Motion to Deem Conceded Defendant’s Motion to Dismiss 
is DISMISSED. 
 
ENTERED this 30th day of May, 2008. 
 
 
 
 
 
 
_________________/s/_____________________ 
HONORABLE RAYMOND L. FINCH 
 
U.S. DISTRICT JUDGE 
Case: 1:07-cv-00041-RLF-GWC   Document #: 21   Filed: 06/03/08   Page 2 of 2